High CourtsSingle Bench(2020) 07 SHI CK 0040

Sanjay And Others vs Shriram Transport Finance Co.Ltd

High Court Of Himachal Pradesh · Decided on 23 July 2020

HON’BLE JUDGES
Vivek Singh Thakur, J
CASE NUMBER
CMPMO No. 790, 831 Of 2019

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Judgment

19 paragraphs · 354 words

Vivek Singh Thakur, J

1.

These petitions, on the basis of settlement arrived at between parties, are being decided by this common judgment.

2 Learned counsel for the respondent, Shri Ram Transport Finance Company Ltd., reiterates his previous statement made on 22.7.2020 that dispute

stands amicably settled and in compliance thereof, he has been instructed by Mr. Neeraj Kashyap, authorized officer of respondent, to make

statement that respondent is ready to issue No Objection Certificate, during the course of day, to petitioner(s) with respect to payment/clearance of

loan in which Sunil Verma (petitioner in CMPMO No. 831 of 2019) stood surety/guarantor for Sanjay (petitioner in CMPMO No. 790 of 2019) and

further that in pursuance to aforesaid settlement, the respondent has also agreed to withdraw Execution Petition No. 19-T/10 of 2017 titled Shri Ram

Finance Co. Ltd vs. Sanjay and another pending in Court of learned District Judge, Shimla and also to withdraw complaint No. 900999 of 2016, titled

Shri Ram Transport Finance Co. Ltd. vs. Sanjay Kumar filed under Section 138 of NI Act, 1883 pending in Court of Judicial Magistrate 1st Class,

Court No.4, Shimla.

3 Learned counsel for petitioner(s), in view of statement made by learned counsel for the respondent, has agreed to dispose of these petitions as

compromised.

4 In view of above, present petitions are disposed of as compromised in terms recorded on the basis of statement made by learned counsel for

respondent and accordingly, above referred Execution Petition No. 19-T/10 of 2017 titled Shri Ram Transport Co. Ltd. vs. Sanjay and another and

complaint No. 900999 of 2016 titled Shri Ram Transport Finance Co. Ltd. vs. Sanjay pending before learned Judicial Magistrate 1st Class, Court No.4,

Shimla shall be deemed to have been withdrawn by respondent. However, learned counsel of either party has to place a copy of this order on record

of those proceedings so as to enable the concerned Court to pass final order therein.

5.

No Objection Certificate, as agreed, shall also be issued by respondent during the course of day or latest by tomorrow.

All pending miscellaneous application(s), if any, also stands disposed of.